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An Act 

To Revise the 

School Laws of 

Georgia 



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1911 



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A BILL 

To be entitled an Act to revise the school laws of the 
State of Georgia ; to substitute the State Super- 
intendent of Schools for the State School Com- 
missioner; County Superintendent of Schools 
for County School Commissioner ; to provide for 
the appointment of a State Board of Education, 
a County Board of Education, three Supervis- 
ors of Schools and Institutes, and an Auditor; 
to prescribe their duties, powers and qualifica- 
tions, and fix their salaries; to provide for a 
secretary and executive agent of the State 
Board of Education; to fix his salary, and for 
other purposes. 
Section 1. Be it enacted by the General Assem- 
bly of the State of Georgia, and it is hereby enacted 
by the authority of the same, That there shall be a 
State Board of Education composed of six members 
as follows: The Governor, the State Superintendent 
of Schools, and four other persons, who shall be ap- 
pointed by the Governor of the State, two for two 
years and two for four years, their terms of office 
thereafter to be for four years each, or until their 
successors are appointed and qualified. At least 
three of said appointees shall be men of practical 
experience in teaching schools and of high standing 
in educational work, having at least three years' 



practical experience as a teacher in the schools of 
Georgia, and being thoroughly conversant with the 
operation of rural schools. Should a vacancy occur 
at any time in said Board it shall be filled by the 
Governor providing that the nomination of the Gov- 
ernor for membership on the State Board of Educa- 
tion shall be subject to confirmation by the Senate; 
and provided further that an appointment made when 
the Senate is not in session shall be effective until the 
legislature convenes and acts on the appointment. 
No person who is now or has been connected with or 
employed by a school book publishing concern 
shall be eligible to membership on said State Board 
of Education, and if any person shall become so con- 
nected or employed after becoming a member of 
said Board his place on said Board shall become 
vacant. 

Sec. 2. The said Board of Education shall take 
oaths of office and enter upon the discharge of their 
duties immediately after their appointment. They 
shall meet in the office of the State Superintendent 
of Schools. The Governor shall preside over their 
body as Chairman of the Board When it is practi- 
cable for him to be present ; but when he cannot be 
present, they shall select their Chairman and pro- 



ceed with their business whenever a majority of the 
Board is present. The Board shall meet at least 
quarterly in regular session and at any other time 
when an emergency arises, and they shall be called 
together by the Governor of the State or School 
Superintendent. The four appointees shall receive 
as compensation for their services $250.00 per an- 
num each, which shall be paid out of the State 
Treasury on the warrant of the Governor and be al- 
lowed their actual traveling expenses in going and 
returning to their homes, upon submitting a sworn 
itemized statement accompanied by proper vouc'h- 
ers and not otherwise. The total expenses for the 
four appointees shall not exceed $100. 

Sec. 3. The State Board of Education shall pro- 
vide rules and regulations for supervision of all 
schools in the State. They shall provide the course 
of study for all common and high schools of the 
State receiving State aid. They shall select and 
make out a list of text-books to be taught in said 
scli^ools, which can be changed only every five 
years; unless the peculiar conditions of any county 
or community demand certain changes, in which 
case, the County Board, together with the County 
Superintendent, shall make application to the State 



Bo^rd suggesting such changes and give their rea- 
sons therefor, \rhereupon if the said Board sees 
proper, their request shall be granted. Provided 
this clause shall in no way affect the present State 
adoption of books. This Board of Education shall 
be the final court of appeal to hear and decide all 
matters which have been appealed from the State 
Superintendent of Schools. They shall determine 
the necessary office force of the State Superinten- 
dent of Schools and shall fix the compensation of 
the same. Not, however, to exceed $1,800.00 j^er 
annum, more than at present paid. 

Sec. 4. Each county in the State shall consti- 
tute a school district and the public school funds 
shall be apportioned among the several districts by 
the State Board of Education as now provided by 
law. They shall also provide for normal instruc- 
tion of teachers in each of the districts, either by 
institutes or otherwise. They shall have poAver to 
compel the attendance of teachers upon such nor- 
mals and institutes, to provide penalties for non- 
attendance, to provide for the examination of the 
teachers of said State, iind to grant licenses to those 
that are qualified who desire a State or special li- 
cense. 



Sec. 5. Be it further enacted, That in the place 
of the State School Commissioner the office of State 
Superintendent of Schools is substituted, provided 
that the person now holding the office of State 
School Commissioner shall serve as State Superin- 
tendent of Schools during the remainder of the term 
for which he was elected, and exercise all of the du- 
ties now exercised by such official, in addition to 
powers herein granted. The term of office shall 
be for two years and until his successor is elected 
and qualified. He shall be elected as the present 
State School Commissioner is elected and exercise 
the same powers, except as hereinafter may be 
changed or altered. 

Sec. 6. Be it further enacted, That upon entering 
upon the discharge of his official duties, the State 
Superintendent of Schools shall give bond in the 
penal sum of Ten Thousand ($10,000) Dollars to 
the State of Georgia, with some approved surety 
company which shall be acceptable to the Secretary 
of State, conditioned that he will truly account for 
and apply all money or other property which may 
come into his hands in his official capacity for the 
use and benefit of the purpose for which it is in- 
tended, and that he will faithfully perform the du- 



ties enjoined upon him by law. He shall take and 
subscribe an oath to diligently and faithfully dis- 
charge the duties of his office. The bond with cer- 
tified endorsement thereon, shall be filed with the 
Secretary of State, the premium charged for said 
bond shall be paid out of the Treasury of the State. 
Sec. 7. In addition to the powers hereinbefore 
given, the said State Superintendent of Schools 
shall be the Secretary and Executive Agent of the 
State Board of Education, for which services he 
shall receive One Thousand ($1,000) Dollars. 

Sec. 8. Be it further enacted. That to render a 
person eligible to hold the office of State Superin- 
tendent of Schools he shall be a man of good moral 
character, of high educational standing, have had at 
least three years' practical experience as a teacher, 
or in lieu thereof shall have a diploma from a repu- 
table college or normal school, or shall have had 
five years' experience in the actual supervision of 
schools, and be at least thirty years of age. 

Sec. 9. The State Superintendent of Schools 
shall carry out and enforce all the rules and regula- 
tions of the State Board of Education and the laws 
governing the schools of the State receiving State 
aid, he shall from time to time make such recommen- 



8 



dations to the State Board as may affect the wel- 
fare and efficiency of the public schools throughout 
the State; he shall have authority to suspend a 
County Superintendent of Schools for incompeten- 
cy, willful neglect of duty, misconduct, immorality 
or the commission of crime involving moral turpi- 
tude, provided of course that all of his acts in this 
matter shall be subject to the approval of the State 
Board of Education and the party so suspended may 
appeal his case to the State Board, whose decision 
shall be final. The State Superintendent of Schools 
shall have power, with the consent and approval 
of the State Board of Education to appoint three 
State School Supervisors, -w^hose professional quali- 
fications shall be the same as State Superintendent's 
who shall act under the direction of the State Super- 
intendent of Schools and fill the place of the experts 
provided for in the Acts of 1891, which were amend- 
ed in 1892 and 1893. The salaries paid these Super- 
visors shall be fixed by the State Board of Educa- 
tion and shall not exceed Two Thousand Dollars 
each per annum, together with necessary traveling 
expenses ; provided the same shall not exceed $2,- 
000 dollars. The Supervisors shall keep itemized 
statements of their expenses, which shall be sworn 
to monthly and approved by the State Superinten- 



dent of Schools and be paid out of the State Treas- 
ury. It shall be especially the duty of these Super- 
visors to act as instructors or institutes to give State 
normal instruction and training as the State Super- 
intendent may direct in each county; to grade the 
papers of applicants for professional certificates or 
State licenses and to aid generally in supervising, 
systematizing and improving the schools of the 
State under the direction of the State Superinten- 
dent of Schools. 

Sec. 10. The State Superintendent of Schools 
with the advice and approval of the State Board 
of Education, shall appoint one person who shall 
be a competent and experienced bookkeeper and 
accountant at a salary of Two Thousand Dollars 
per annum, together with his actual traveling ex- 
penses, whose duty it shall be to thoroughly audit 
and check the books and accounts of County Super- 
intendents and i:/he Treasurers of local school sys- 
tems, of municiapl systems, of the State University 
and all its branches, including the District Agricul- 
tural Schools, the State College of Agriculture, Tech- 
nological Schools and all other schools receiving 
State aid and make regular annual reports to the 
State School Superintendent showing the amount 

10 



received, for what purpioses received, and for what 
purposes expended. All such funds held by officials 
must be kept in banks separate from their individ- 
ual bank accounts. He shall be allowed his trav- 
eling expenses from itemized statements sworn to, 
as the Supervisors are allowed theirs in the forego- 
ing section, provided the total expenses shall not 
be more than $1,000 per annum. 

Sec. 11. It shall be the duty of the State Super- 
intendent of Schools, in addition to the powers al- 
ready granted, that in the event of a misapplication 
of any of the funds apportioned to any of the insti- 
tutions of learning or schools receiving State aid he 
shall at once proceed to recover the same by the in- 
stitution of proper procedure in the courts of com- 
petent jurisdiction after demand is made upon the 
party misapplying the funds to settle same. Should 
it become necessary to procure additional legal 
services other than that of the Attorney-General, 
the Governor is authorized to procure special or lo- 
cal counsel and arrange to pay for the recovery of 
said funds, such fee out of the funds collected as is 
usual and customary in the locality where the suit 
is instituted. 

Sec. 12. Be it further enacted, That the office of 



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County Superintendent of Education shall be sub- 
stituted for the office of County School Commis- 
sioner, provided that the persons now holding the 
office of County School Commissioner shall con- 
tinue to serve as County Superintendent of Schools 
during the remainder of the term for which they 
were elected respectively. In the regular election 
for State-house officers prior to the expiration of 
the present term of office of the County School 
Commissioner, there shall be elected by the qualified 
voters of each county in this State a County Super- 
intendent of Schools, whose term of office shall be 
for four years ; and every four years thereafter 
there shall be an election for the purpose of filling 
such office. The duties of the County Superinten- 
dent of Schools shall be the same as those of the 
County School Commissioner, except as hereinafter 
changed. It shall be his duty to enforce all regu- 
lations, rules, and instructions of the State Super- 
intendent of Schools and of the County Board of 
Education according to the laws of the State and 
the rules and regulations made by the said State 
Board of Education that are not in conflict with 
the State laws ; and he shall together with the 
State Supervisors hereinbefore provided for, super- 

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intend the county normals and institutes for the 
teachers of his county, and shall visit every school, 
both white and colored, within his school district 
which receives State aid, at least once every sixty 
(60) days and familiarize himself with the studies 
taught in said schools, see what advancement is 
being made by the pupils, advise with the teachers 
and otherwise aid and assist in the advancement of 
education. 

Sec. 13. He shall superintend examinations of 
all teachers of his county as provided by law. He 
shall hereafter suspend any teacher under his super- 
vision for a non-performance of duty, incompe- 
tency, immorality or inefficiency, and for other good 
and sufficient cause, for which decision the teacher 
may appeal to the County Board of Education, and 
either being dissatisfied with their decision, they 
can appeal to the State Superintendent or from 
there to the State Board of Education, the decision 
of which shall be final. 

Sec. 14. Before any person shall be qualified or 
eligible to the office of County Superintendent of 
Schools, he shall ^ave had at least three years' 
practical experience in teaching, one year of which 
shall have been in the schools of Georgia, hold a first- 

13 



grade license, or in lieu thereof shall have a diplo- 
ma from a reputable college or normal school, or 
shall have had five years' experience in the actual 
supervision of schools, or stand an approved exami- 
nation before the State Board as to his qualifica- 
tions, and be a resident of the county in which he 
offers for election, be a person of good moral char- 
acter, never convicted of any crime involving moral 
turpitude. The County Superintendent shall per- 
form all the clerical duties which are now required 
of the County School Commissioner. 

Sec. 15. Be it further enacted. That each Coun- 
ty School Superintendent within the State of Geor- 
gia shall receive a minimum salary of $450.00 per 
annum, and an annual allowance of $150.00 tor the 
purpose of defraying the expenses of visiting the 
schools within his county at least every sixty (60) 
days, or a total of $600.00, which salary shall be 
paid out of the school funds of Georgia monthly; 
and in addition thereto, the county Board of Edu- 
cation shall allow such additional compensation for 
the services to be rendered as may be in their 
judgment proper and just. 

Sec. 16. Be it further enacted. That the County 
Board of Education shall consist of five (5) mem- 

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bers as now provided by law and selected by the 
Grand Jury as now provided by law, except that the 
Grand Jury in selecting such members shall not se- 
lect one of their own number then in session, nor 
shall they select any two of those selected from the 
same militia district or locality, nor shall they se- 
lect any person who resides within the limits of a 
local school system operated independent of the 
County Board of Education, but shall apportion 
members of the Board as far as practicable over 
the county; they shall select men of good moral 
character, who shall have at least a fair knowledge 
of the elementary branches of an English educa- 
tion and be favorable to the common school sys- 
tem. 

Sec. 17. Be it further enacted, That th^ County 
Board of Education shall have and exercise all the 
powers that are now exercised by the County Board 
of Education except as may be herein changed; 
provided that the county school superintendent and 
county board of education shall make rules to gov- 
ern the county schools of their respective counties; 
upon being called together by some one of their 
number after their selection, they shall organize by 
selecting a chairman. The County Superintendent 

15 



shall act as Secretary of the Board, and keep the 
minutes of their meetings and make a permanent 
record of the same and do any other clerical work 
that they may direct him to do. Said board may 
suspend the County Superintendent same as State 
Superintendent, and may suspend teachers same as 
County Superintendent. In each case there may be 
an appeal to State Board. 

Sec. 18. Be it further enacted, That after the 
passage of this Act, the Board of Education of any 
county shall have the right if in their opinion, the 
welfare of the schools of the county and the best 
interests of the pupils require, to consolidate two or 
more schools located in the same or different dis- 
tricts into one school, to be located by said Board 
at a place convenient to the pupils attending the 
same, said school house to be located as near the 
center of the district or districts involved as prac- 
ticable. Whenever two or more schools are consoli- 
dated as hereinafter provided, the County Superin- 
tendent sihall call an election of trustees for said 
consolidated schools from the district or districts 
concerned; said election shall be held in accordance 
with the provisions of existing law, and the result 
determined and declared by the Board of Educa- 
tion. The County Board of Education shall have 

16 



the further power, when the best interests of 
schools demand to separate or divide any school dis- 
trict into two or more school districts and to pro- 
vide for the election of a Board of Trustees for 
each of said districts, and to do all other things for 
the government and control of said districts as is 
herein provided for the organization and control of 
school districts. Provided that such County Boards 
of Education shall have authority to establish two 
schools in any school district in this State if they 
deem it best to do so. 

Sec. 19. Be it further enacted, That whenever in 
the opinion of the County Board of Education, the 
best interests of the schools demand, the Board of 
Education shall have the right to consolidate two or 
more districts or parts of districts or to add any 
part of one district to any other district or to 
change the line or lines of any district at any time, , 
v^hen in their judgment the best interests of the 
schools require such change, into one school district 
with the purpose of the election of the Board of 
Trustees and of the location of the school at some 
central place as hereinbefore provided; but should 
as many as ten of the patrons of the said school or 
schools object to the consolidation, it shall be the 
duty of the County Superintendent to call an elec- 

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tion to be held in said district or districts affected, 
giving thirty (30) days notice of same by publish- 
ing the same once a week for 4 weeks in the paper 
in which County advertisements are published, and 
also by posting notice at 3 or more public places in 
the district, or districts to be affected thereby, at 
which election should a majority of the qualified 
voters vote for consolidation, the schools shall be 
consolidated; otherwise, not. The result of such 
election shall be determined and declared by the 
Board of Education and the same shall be held as 
other elections are held. 

Sec. 20. Be it further enacted. That whenever 
the County Board of Education deems it for the best 
interest of a school, it shall have the right to pro- 
vide means for the transportation of the pupils to 
and from said school, provided that no school is 
established in three miles of the pupils to be trans- 
ported ; provided that this shall only apply to school 
or schools where two or more districts have been com- 
bined or consolidated and such other schools that 
are now furnishing transportation. No school trus- 
tee, teacher, or superintendent of county schools 
shall be interested financially in the transportation 
of pupils. 

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Sec. 21. Be it further enacted, That it is not the 
intention of this Act to repeal or interfere with the 
laws which have been enacted establishing local tax 
district schools, mnnicipal schools, or other schools 
already established by law, except that no per- 
son shall be allowed to teach in any school in the 
State of Georgia receiving State aid without first 
standing an examination and procuring a license as 
provided by the State Board of Education and 
State Superintendent, provided they are hereby 
authorized and directed to prescribe and require a 
different examination of teachers Who are engaged 
in teaching primary grades only, from that required 
of teachers of higher grades; provided, neverthe- 
less, that the State Board of Education may, when 
the authorities in charge of any local municipal 
schools are maintaining a sufficiently high standard 
of examinations for its teachers, delegate to the au- 
thorities of these systems the right to license teach- 
ers to teach in their respective systems, upon ex- 
aminations to he provided by such local authori- 
ties, reserving, however, to the State Board of Edu- 
cation the right to revoke this delegation of authori- 
ty as to any local system whenever it appears that 
the authorities of that system have relaxed the 

19 



standard or failed to give examination. Nothing here- 
in contained shall be construed as affecting the right 
of the authorities of local municipal systems to 'p^e- 
scribe the courses of study therein, or select text- 
books, in those schools where they are now allowed 
to do so by law. 

Sec. 22. Be it further enacted. That none of the 
provisions of this bill shall apply to local county 
school systems which were in existence at the time 
of the adoption of the Constitution of 1877. Nor 
shall any of the provisions of this act apply to the 
school system of any municipality having a popula- 
tion of one hundred thousand people or more. 

Sec. 23. Be it further enacted, That no member 
of the State Board of Education or any appointees 
of said Board or any other person or persons that 
has the authority of selecting or in any way aiding 
in the selection of school books for the schools of 
Georgia shall not for themselves or any member of 
their respective families receive any gifts, compen- 
sation or remuneration of any kind from any school 
book publishing house, corporations, individuals, or 
the agents or representatives of either, nor shall any 
person, publishing house or corporation engaged in 
publishing or the sale of school books offer to any 

20 



of said board or their families or appointees any 
gift, compensation or remuneration, directly or in- 
directly. Any person violating the provisions of 
this section shall be guilty and punishable for a 
misdemeanor. Should any of the afore-mentioned 
publishing houses, corporations or persons engaged 
in publishing or selling school books offer to any 
of the afore-mentioned officers, their families 
or appointees any such compensation, remuneration 
or reward of any kind, it shall be their 
duty to report the same to the grand juries of their 
respective counties, and on failure or refusal to do 
so, they or either of them so failing or refusing shall 
be guilty and punishable for a misdemeanor, and 
said officers on conviction thereof shall be removed 
from office. 

Sec. 24. All laws and parts of laws in conflict 
with this Act, be, and the same are, hereby repealed. 



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LIBRARY OF CONGRESS 



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